Legal Opinion

Bauer v. Board of Election Commissioners

Missouri Court of Appeals

Decided August 8, 2006No. ED 86895PublishedCited by 5 opinions

1Opinion of the Court

LAWRENCE E. MOONEY, Judge.

Thomas E. Bauer appeals from the denial of his request for declaratory judgment and injunctive relief in his challenge to a recall petition seeking his removal from office. However, because Mr. Bauer failed to join the City of St. Louis, an indispensable party to his constitutional attack on the Charter of the City of St. Louis, the circuit court’s judgment was entered without jurisdiction and is void. Therefore, we reverse the judgment and remand the cause to the circuit court with directions to dismiss the action.

Mr. Bauer was the duly elected aider-man…

2Cases cited5 opinions

  1. Gibson v. BrewerSupreme Court of Missouri · 1997
  2. Lane v. LensmeyerSupreme Court of Missouri · 2005
  3. State ex rel. Wrenn v. Board of Zoning AdjustmentMissouri Court of Appeals · 1996
  4. Bagsby v. GehresMissouri Court of Appeals · 2005
  5. Eastern Missouri Laborers' District Council v. City of St. LouisMissouri Court of Appeals · 1997

3Cited by5 opinions

  1. Betty G. Weldon Revocable Trust Ex Rel. Vivion v. WeldonMissouri Court of Appeals · 2007
  2. Debra S. Pauli and Steven G. Spicer v. Gwen SpicerMissouri Court of Appeals · 2014
  3. James E. Bright v. John Mollenkamp, Acting Director of Revenue, Missouri Department of Revenue, and Missouri State Highway Patrol, and Town and Country Police DepartmentMissouri Court of Appeals · 2016
  4. DANNY HARNESS and FAYE SAVAGE, Plaintiffs-Respondents v. JIM RICHARDSON, HAZEL THOMAS, BETTY NICHOLS, MIKE PRITCHETT, and RODNEY SANFORDMissouri Court of Appeals · 2014
  5. Dustin M. Bray v. Wells Fargo Home Mortgage, Inc., and Envoy Mortgage, LPMissouri Court of Appeals · 2022

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